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Entail Amendment (Scotland) Act 1868

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Entail Amendment (Scotland) Act 1868, Section 13 is up to date with all changes known to be in force on or before 16 January 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation


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13 Where estate propelled, applications under 11 & 12 Vict. c. 36. and 16 & 17 Vict. c. 94. may be made either in name of life-renter or of fiar.E+W+S+N.I.

Where any heir of entail in possession of an entailed estate under an entail dated prior to the first day of August one thousand eight hundred and forty-eight shall have lawfully propelled, or shall hereafter lawfully propel, such estate under reservation of his own liferent to the heir entitled to succeed him therein, any application which has been or shall be made under the Entail Amendment Act, 1848, and the Entail Amendment Act, 1853, and all procedure following thereon, shall be equally effectual in all respects whether made in the name of the heir of entail who has propelled the estate or in the name of the heir to whom it has been propelled; and during the lifetime of such last-mentioned heir it shall be sufficient that the consents of the persons whose consents would have been required to such application if the estate had not been propelled be obtained thereto; and provided also, that where the application is presented in the name of the heir to whom the entailed estate has been propelled, the presentation of such application shall be sufficient evidence of his consent thereto.

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